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(영문) 인천지방법원 2013.03.22 2012노3572
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for six months with prison labor for the original judgment of the second instance.

except that this judgment.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (the first instance judgment: imprisonment with prison labor for one year, and the second instance judgment: imprisonment with prison labor for six months) is too unreasonable.

2. Determination

A. We examine the judgment of the court of first instance in light of the following: (a) the defendant recognized all the crimes of this case and reflects his mistake in depth; (b) the crime for which all the facts constituting the crime of this case in the judgment of the court of first instance became final and the crime for which judgment is to be concurrently rendered pursuant to Article 39(1) of the Criminal Act and the

However, in full view of the following: (a) there is no change of circumstances that may be considered such as agreement with the victim or compensating for damages until the defendant is reasonable and the trial is held; (b) the defendant has the criminal records subject to punishment by fraud of the same law; and (c) the crime of this case is committed during the period of suspension of execution due to the violation of the Illegal Check Control Act; (d) the fairness in sentencing with the same similar case; (e) the defendant’s age, family environment, and other various sentencing conditions in the records and pleadings, such as records and arguments, the court below determined the sentence against the defendant by taking into account all favorable circumstances for the defendant as seen earlier, and it is not unreasonable for the court below to have too much

B. In light of the fact that the judgment of the court below of the second instance, the game machine provided in the instant game room is not small by up to 40, etc., and the type of crime such as the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., such as the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., encourage the general public to commit an excessive speculative spirit, and is not eradicated despite continuous crackdowns, there is a need to punish the

On the other hand, however, the defendant reflects his mistake in depth, and the defendant regulates the game site on the day of opening the business.

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